Chapter 108A - Social Services.

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Chapter 108A
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Article 1 - County Administration.
G.S. 108A-1
§ 108A-1. Creation.
G.S. 108A-2
§ 108A-2. Size.
G.S. 108A-3
§ 108A-3. Method of appointment; residential qualifications; fee or compensation for services; consolidated human services board appointments.
G.S. 108A-4
§ 108A-4. Term of appointment.
G.S. 108A-5
§ 108A-5. Order of appointment.
G.S. 108A-6
§ 108A-6. Vacancies.
G.S. 108A-7
§ 108A-7. Meetings.
G.S. 108A-8
§ 108A-8. Compensation of members.
G.S. 108A-9
§ 108A-9. Duties and responsibilities.
G.S. 108A-10
§ 108A-10. Fees.
G.S. 108A-11
§ 108A-11. Inspection of records by members.
G.S. 108A-12
§ 108A-12. Appointment.
G.S. 108A-13
§ 108A-13. Salary.
G.S. 108A-14
§ 108A-14. Duties and responsibilities.
G.S. 108A-15
§ 108A-15. Social services officials and employees as public guardians.
G.S. 108A-15.1
§ 108A-15.1. Consolidated human services board; human services director.
G.S. 108A-15.2 through 108A-15.6
§§ 108A-15.2 through 108A-15.6. Reserved for future codification purposes.
G.S. 108A-15.7
§ 108A-15.7. Creation of regional social services departments.
G.S. 108A-15.8
§ 108A-15.8. Regional board of social services.
G.S. 108A-15.9
§ 108A-15.9. Dissolution of a regional social services department.
G.S. 108A-15.10
§ 108A-15.10. Regional social services director.
G.S. 108A-15.20
§ 108A-15.20. (Effective January 1, 2025) Citizen review panels.
Modified by:
G.S. 108A-16
§ 108A-16. Appointment.
G.S. 108A-17
§ 108A-17. Compensation.
G.S. 108A-18
§ 108A-18. Duties and responsibilities.
G.S. 108A-19 through 108A-23
§§ 108A-19 through 108A-23. Reserved for future codification purposes.
Article 2 - Programs of Public Assistance.
G.S. 108A-24
§ 108A-24. Definitions.
Modified by:
G.S. 108A-25
§ 108A-25. Creation of programs; assumption by federally recognized tribe of programs.
Modified by:
G.S. 108A-25.1
§ 108A-25.1: Repealed by Session Laws 2001-424, s. 21.52.
G.S. 108A-25.1A
§ 108A-25.1A. Responsibility for errors.
Modified by:
G.S. 108A-25.2
§ 108A-25.2. Exemption from limitations for individuals convicted of certain drug-related felonies.
G.S. 108A-25.3
§ 108A-25.3. Garnishment of wages to recoup fraudulent public assistance program payment.
G.S. 108A-25.4
§ 108A-25.4. Use of payments under the Low-Income Energy Assistance Program and Crisis Intervention Program.
G.S. 108A-26
§ 108A-26. Certain financial assistance and in-kind goods not considered in determining assistance paid under Chapters 108A and 111.
Modified by:
G.S. 108A-26.1
§ 108A-26.1. Information sharing of outstanding arrest warrant of applicant for or recipient of program assistance.
G.S. 108A-26.2
§ 108A-26.2. Fleeing felon or parole or probation violator; eligibility for program assistance; federal approval; review by department.
G.S. 108A-26.5
§ 108A-26.5. NC FAST caseworker training and certification program.
G.S. 108A-27
§ 108A-27. (See editor's note) Authorization and description of Work First Program; Work First Program changes; designation of Electing and Standard Program Counties.
G.S. 108A-27.01
§ 108A-27.01. Income eligibility and payment level for Work First Family Assistance.
G.S. 108A-27.1
§ 108A-27.1. Time limitations on assistance.
G.S. 108A-27.2
§ 108A-27.2. General duties of the Department.
G.S. 108A-27.3
§ 108A-27.3. Electing Counties – Duties of county boards of commissioners.
Modified by:
G.S. 108A-27.4
§ 108A-27.4. Electing Counties – County Plan.
Modified by:
G.S. 108A-27.5
§ 108A-27.5. Electing Counties - Duties of the Department.
G.S. 108A-27.6
§ 108A-27.6. Standard Program Counties - Duties of county departments of social services and county boards of commissioners.
G.S. 108A-27.7
§ 108A-27.7. Standard Program County Plan.
G.S. 108A-27.8
§ 108A-27.8. Standard Program Counties - Duties of Department.
G.S. 108A-27.9
§ 108A-27.9. State Plan.
G.S. 108A-27.10
§ 108A-27.10. Duties of the Director of the Budget/Governor.
Modified by:
G.S. 108A-27.11
§ 108A-27.11. Work First Program funding.
G.S. 108A-27.12
§ 108A-27.12. Maintenance of effort.
G.S. 108A-27.13
§ 108A-27.13. Performance standards.
G.S. 108A-27.14
§ 108A-27.14. Corrective action.
G.S. 108A-27.15
§ 108A-27.15. Assistance not an entitlement; appeals.
G.S. 108A-27.16
§ 108A-27.16. Repealed by Session Laws 1999-237, s. 6(h).
G.S. 108A-28 through 108A-28.1
§§ 108A-28, 108A-28.1: Repealed by Session Laws 1997-443, s. 12.14.
G.S. 108A-29
§ 108A-29. Priority for employment services.
G.S. 108A-29.1
§ 108A-29.1. Drug screening and testing for Work First Program applicants and recipients.
G.S. 108A-30
§ 108A-30: Repealed by Session Laws 1997-443, s. 12.14.
G.S. 108A-31
§ 108A-31. Application for assistance.
G.S. 108A-32 through 108A-35
§§ 108A-32 through 108A-35: Repealed by Session Laws 1997-443, s. 12.14.
G.S. 108A-36
§ 108A-36. Assistance not assignable; checks payable to decedents.
G.S. 108A-37
§ 108A-37. Personal representative for mismanaged public assistance.
G.S. 108A-38
§ 108A-38. Protective and vendor payments.
G.S. 108A-39
§ 108A-39. Fraudulent misrepresentation.
G.S. 108A-39.1
§ 108A-39.1: Repealed by Session Laws 1997-443, s. 12.14.
G.S. 108A-39.2
§ 108A-39.2: Repealed by Session Laws 1989 (Reg. Sess., 1990), c. 966, s. 3.
G.S. 108A-40
§ 108A-40. Authorization of State-County Special Assistance Program.
G.S. 108A-41
§ 108A-41. Eligibility.
Modified by:
G.S. 108A-42
§ 108A-42. Determination of disability.
G.S. 108A-42.1
§ 108A-42.1. State-County Special Assistance Program payment rates.
G.S. 108A-43
§ 108A-43. Application procedure.
G.S. 108A-44
§ 108A-44. State funds to counties.
G.S. 108A-45
§ 108A-45. Participation.
G.S. 108A-46
§ 108A-46: Repealed by Session Laws 2003-284, s. 10.53(a), effective July 1, 2003.
G.S. 108A-46.1
§ 108A-46.1. Transfer of assets for purposes of qualifying for State-county Special Assistance.
G.S. 108A-47
§ 108A-47. Limitations on payments.
G.S. 108A-47.1
§ 108A-47.1. Special Assistance in-home payments.
Modified by:
G.S. 108A-48
§ 108A-48. State Foster Care Benefits Program.
G.S. 108A-49
§ 108A-49. Foster care and adoption assistance payments.
G.S. 108A-49.1
§ 108A-49.1. Foster care and adoption assistance payment rates.
Modified by:
G.S. 108A-50
§ 108A-50. State benefits for certain adoptive children.
G.S. 108A-50.1
§ 108A-50.1. Special Needs Adoptions Incentive Fund.
G.S. 108A-50.2
§ 108A-50.2. Adoption Promotion Fund.
G.S. 108A-51
§ 108A-51. Authorization for Food and Nutrition Services.
G.S. 108A-51.1
§ 108A-51.1. Prohibition on certain waivers.
G.S. 108A-52
§ 108A-52. Determination of eligibility.
G.S. 108A-53
§ 108A-53. Fraudulent misrepresentation.
G.S. 108A-53.1
§ 108A-53.1. Illegal possession or use of electronic food and nutrition benefits.
G.S. 108A-54
§ 108A-54. Authorization of Medical Assistance Program; administration.
Modified by:
G.S. 108A-54.1
§ 108A-54.1: Recodified as G.S. 108A-66.1 by Session Laws 2013-360, s. 12H.10(f), effective July 1, 2013.
G.S. 108A-54.1A
§ 108A-54.1A. Amendments to Medicaid State Plan and Medicaid Waivers.
G.S. 108A-54.1B
§ 108A-54.1B. Adoption of rules; State Plans, including amendments and waivers to State Plans, have effect of rules.
G.S. 108A-54.2
§ 108A-54.2. Procedures for changing medical policy.
G.S. 108A-54.3
§ 108A-54.3: Repealed by Session Laws 2013-360, s. 12H.6(b), effective July 26, 2013.
G.S. 108A-54.3A
§ 108A-54.3A. Eligibility categories and income thresholds.
Modified by:
G.S. 108A-54.3B
§ 108A-54.3B. Nonfederal share of NC Health Works costs.
Modified by:
G.S. 108A-54.3C
§ 108A-54.3C. NC Health Works federal financial participation.
Modified by:
G.S. 108A-54.4
§ 108A-54.4. Income disregard for federal cost-of-living adjustments.
G.S. 108A-54.5
§ 108A-54.5. Maintenance of waivers for dependents of members of Armed Forces.
G.S. 108A-55
§ 108A-55. Payments.
G.S. 108A-55.1
§ 108A-55.1. Medicare enrollment required.
G.S. 108A-55.2
§ 108A-55.2. Collaboration among agencies to ensure Medicaid-related services payments to eligible students with disabilities in public schools.
G.S. 108A-55.3
§ 108A-55.3. Verification of State residency required for medical assistance.
Modified by:
G.S. 108A-55.4
§ 108A-55.4. Requirements related to insurers and the Department of Health and Human Services.
Modified by:
G.S. 108A-55.5
§ 108A-55.5. Eligibility monitoring for medical assistance.
G.S. 108A-56
§ 108A-56. Acceptance of federal grants.
G.S. 108A-57
§ 108A-57. Subrogation rights; withholding of information a misdemeanor.
G.S. 108A-57.1
§ 108A-57.1. Rules governing transfer of medical assistance benefits between counties.
G.S. 108A-58
§ 108A-58: Repealed by Session Laws 2006-66, s. 10.5(a), effective July 1, 2006.
G.S. 108A-58.1
§ 108A-58.1. Ineligibility for medical assistance based on transferring assets for less than fair market value.
G.S. 108A-58.2
§ 108A-58.2. Waiver of transfer of assets penalty due to undue hardship.
G.S. 108A-59
§ 108A-59. Acceptance of medical assistance constitutes assignment to the State of right to third party benefits; recovery procedure.
G.S. 108A-60
§ 108A-60. Protection of patient property.
G.S. 108A-61
§ 108A-61: Repealed by Session Laws 1989, c. 701.
G.S. 108A-61.1
§ 108A-61.1. Financial responsibility of a parent for a child under age 21 in a medical institution.
G.S. 108A-62
§ 108A-62. Therapeutic leave for medical assistance patients.
G.S. 108A-63
§ 108A-63. Medical assistance provider fraud.
G.S. 108A-63.1
§ 108A-63.1. Health care fraud subpoena to produce documents.
G.S. 108A-64
§ 108A-64. Medical assistance recipient fraud.
G.S. 108A-64.1
§ 108A-64.1. Incentives to counties to recover fraudulent Medicaid expenditures.
G.S. 108A-65
§ 108A-65. Conflict of interest.
G.S. 108A-66
§ 108A-66: Repealed by Session Laws 1989, c. 702.
G.S. 108A-66.1
§ 108A-66.1. Medicaid buy-in for workers with disabilities.
G.S. 108A-67
§ 108A-67. Medicare/Qualified Disabled Working Individuals.
G.S. 108A-68
§ 108A-68. Drug Use Review Program; rules.
G.S. 108A-68.1
§ 108A-68.1. Certain prescription drugs exempt from prior authorization requirements.
G.S. 108A-68.1A
§ 108A-68.1A. Medicaid preferred drug program.
Modified by:
G.S. 108A-68.1B
§ 108A-68.1B. Coverage of medication to treat severe mental illness.
Modified by:
G.S. 108A-68.2
§ 108A-68.2. Beneficiary lock-in program for certain controlled substances.
Modified by:
G.S. 108A-69
§ 108A-69. Employer obligations.
G.S. 108A-70
§ 108A-70. Recoupment of amounts spent on medical care.
G.S. 108A-70.4
§ 108A-70.4. Long-Term Care Partnership Program.
G.S. 108A-70.5
§ 108A-70.5. Medicaid Estate Recovery Plan.
G.S. 108A-70.9A
§ 108A-70.9A. Definitions; Medicaid recipient appeals.
G.S. 108A-70.9B
§ 108A-70.9B. Contested Medicaid cases.
G.S. 108A-70.9C
§ 108A-70.9C. Informal review permitted.
G.S. 108A-70.10
§ 108A-70.10. Short title.
G.S. 108A-70.11
§ 108A-70.11. Definitions.
G.S. 108A-70.12
§ 108A-70.12. Liability for certain acts; damages; effect of repayment.
G.S. 108A-70.13
§ 108A-70.13. False claims procedure.
G.S. 108A-70.14
§ 108A-70.14. Civil investigative demand.
G.S. 108A-70.15
§ 108A-70.15. Employee remedies.
G.S. 108A-70.16
§ 108A-70.16. Uniformity of interpretation.
G.S. 108A-70.17
§ 108A-70.17. Reserved for future codification purposes.
G.S. 108A-70.18
§ 108A-70.18. (Contingently repealed – see note) Definitions.
G.S. 108A-70.19
§ 108A-70.19. (Contingently repealed – see note) Short title; purpose; no entitlement.
G.S. 108A-70.20
§ 108A-70.20. (Contingently repealed – see note) Program established.
G.S. 108A-70.20A
§ 108A-70.20A: Repealed by Session Laws 2015-96, s. 3, effective June 19, 2015.
G.S. 108A-70.21
§ 108A-70.21. (Contingently repealed – see note) Program eligibility; benefits; enrollment fee and other cost-sharing; coverage from private plans.
G.S. 108A-70.22
§ 108A-70.22: Repealed by Session Laws 2008-107, s. 10.13(g), effective July 1, 2008.
G.S. 108A-70.23
§ 108A-70.23: Repealed by Session Laws 2011-145, s. 10.41(c), effective July 1, 2011.
G.S. 108A-70.24
§ 108A-70.24: Repealed by Session Laws 2008-107, s. 10.13(i), effective July 1, 2008.
G.S. 108A-70.25
§ 108A-70.25. (Contingently repealed – see note) State Plan for Health Insurance Program for Children.
G.S. 108A-70.26
§ 108A-70.26. (Contingently repealed – see note) Application process; outreach efforts; appeals.
G.S. 108A-70.27
§ 108A-70.27. (Contingently repealed – see note) Data collection; reporting.
G.S. 108A-70.28
§ 108A-70.28. (Contingently repealed – see note) Fraudulent misrepresentation.
G.S. 108A-70.29
§ 108A-70.29. (Contingently repealed – see note) Program review process.
G.S. 108A-70.30
§ 108A-70.30: Recodified as Part 33 of Article 7 of Chapter 143B, G.S. 143B-344.46, by Session Laws 2013-360, s. 15.22(h), effective July 1, 2013.
G.S. 108A-70.36
§ 108A-70.36. Applicability.
Modified by:
G.S. 108A-70.37
§ 108A-70.37. Timely decision standards.
G.S. 108A-70.38
§ 108A-70.38. Timely processing standards.
G.S. 108A-70.39
§ 108A-70.39. Average processing time standards.
G.S. 108A-70.40
§ 108A-70.40. Percentage processed timely standards.
G.S. 108A-70.41
§ 108A-70.41. Corrective action.
G.S. 108A-70.42
§ 108A-70.42. Temporary assumption of Medicaid eligibility administration.
G.S. 108A-70.43
§ 108A-70.43. Reporting.
G.S. 108A-70.45
§ 108A-70.45. Applicability.
G.S. 108A-70.46
§ 108A-70.46. Audit of county Medicaid determinations.
G.S. 108A-70.47
§ 108A-70.47. Medicaid eligibility determination processing accuracy standards.
G.S. 108A-70.48
§ 108A-70.48. Quality assurance.
G.S. 108A-70.49
§ 108A-70.49. Corrective action.
G.S. 108A-70.50
§ 108A-70.50. Temporary assumption of Medicaid eligibility administration.
G.S. 108A-70.51
§ 108A-70.51. Reporting.
Article 3 - Social Services Programs.
G.S. 108A-71
§ 108A-71. Authorization of social services programs.
G.S. 108A-72
§ 108A-72. Social services checks payable to decedents.
G.S. 108A-73
§ 108A-73. Services appeals and confidentiality of records.
G.S. 108A-74
§ 108A-74. Counties and regional social services departments required to enter into annual written agreement for all social services programs other than medical assistance; local department failure to comply with the written agreement or applicable law; corrective action; State intervention in or control of service delivery.
G.S. 108A-75
§ 108A-75. Report of oversight of social services programs.
Article 3A - (Effective July 1, 2024) Child Advocacy Centers.
G.S. 108A-77.1
§ 108A-77.1. (Effective July 1, 2024) Definitions.
Modified by:
G.S. 108A-77.2
§ 108A-77.2. (Effective July 1, 2024) Entity; eligibility.
Modified by:
G.S. 108A-77.3
§ 108A-77.3. (Effective July 1, 2024) Sharing of information.
Modified by:
G.S. 108A-77.4
§ 108A-77.4. (Effective July 1, 2024) Access to Children's Advocacy Center records.
Modified by:
G.S. 108A-77.5
§ 108A-77.5. (Effective July 1, 2024) Child medical evaluation requirement.
Modified by:
G.S. 108A-77.6
§ 108A-77.6. (Effective July 1, 2024) Limited immunity from civil liability.
Modified by:
Article 4 - Public Assistance and Social Services Appeals and Access to Records.
G.S. 108A-79
§ 108A-79. Appeals.
Modified by:
G.S. 108A-80
§ 108A-80. Confidentiality of records.
G.S. 108A-81 through 108A-85
§§ 108A-81 through 108A-85. Reserved for future codification purposes.
Article 5 - Financing of Programs of Public Assistance and Social Services.
G.S. 108A-86
§ 108A-86. Financial transactions between the State and counties.
G.S. 108A-87
§ 108A-87. Allocation of nonfederal shares.
G.S. 108A-88
§ 108A-88. Determination of State and county financial participation.
G.S. 108A-89
§ 108A-89. State Public Assistance Contingency Loan Program.
G.S. 108A-90
§ 108A-90. Counties to levy taxes.
G.S. 108A-91
§108A-91. Appropriations not to revert.
G.S. 108A-92
§ 108A-92: Repealed by Session Laws 1997-443, s. 12.14.
G.S. 108A-93
§ 108A-93. Withholding of State moneys from counties failing to pay public assistance costs.
G.S. 108A-94 through 108A-98
§§ 108A-94 through 108A-98. Reserved for future codification purposes.
Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act.
G.S. 108A-99
§ 108A-99. Short title.
G.S. 108A-100
§ 108A-100. Legislative intent and purpose.
G.S. 108A-101
§ 108A-101. Definitions.
G.S. 108A-102
§ 108A-102. Duty to report; content of report; immunity.
G.S. 108A-103
§ 108A-103. Duty of director upon receiving report.
G.S. 108A-104
§ 108A-104. Provision of protective services with the consent of the person; withdrawal of consent; caretaker refusal.
G.S. 108A-105
§ 108A-105. Provision of protective services to disabled adults who lack the capacity to consent; hearing, findings, etc.
Modified by:
G.S. 108A-106
§ 108A-106. Emergency intervention; findings by court; limitations; contents of petition; notice of petition; court authorized entry of premises; immunity of petitioner.
G.S. 108A-107
§ 108A-107. Motion in the cause.
G.S. 108A-108
§ 108A-108. Payment for essential services.
G.S. 108A-109
§ 108A-109. Reporting abuse.
G.S. 108A-110
§ 108A-110. Funding of protective services.
G.S. 108A-111
§ 108A-111. Adoption of standards.
Article 6A - Protection of Disabled and Older Adults From Financial Exploitation.
G.S. 108A-112
§ 108A-112. Legislative intent and purpose.
G.S. 108A-113
§ 108A-113. Definitions.
G.S. 108A-114
§ 108A-114. Financial institutions encouraged to offer disabled adult and older adult customers the opportunity to submit a list of trusted persons to be contacted in case of financial exploitation.
G.S. 108A-115
§ 108A-115. Duty to report suspected fraud; content of report; immunity for reporting.
G.S. 108A-116
§ 108A-116. Production of customers' financial records in cases of suspected financial exploitation; immunity; records may not be used against account owner.
G.S. 108A-117
§ 108A-117. Notice to customer; delayed notice.
Article 7 - Hospital Provider Assessment Act.
G.S. 108A-129
§ 108A-129: Reserved for future codification purposes.
Article 7A - Hospital Assessment Act.
Article 7B - Hospital Assessment Act.
G.S. 108A-145.1
§ 108A-145.1. Short title and purpose.
G.S. 108A-145.3
§ 108A-145.3. Definitions.
Modified by:
G.S. 108A-145.5
§ 108A-145.5. Due dates and collections.
G.S. 108A-145.7
§ 108A-145.7. Assessment appeals.
G.S. 108A-145.9
§ 108A-145.9. Allowable costs; patient billing.
G.S. 108A-145.11
§ 108A-145.11. Rulemaking authority.
G.S. 108A-145.13
§ 108A-145.13. Repeal.
G.S. 108A-146.1
§ 108A-146.1. Public hospital modernized assessment.
Modified by:
G.S. 108A-146.3
§ 108A-146.3. Private hospital modernized assessment.
Modified by:
G.S. 108A-146.5
§ 108A-146.5. Aggregate modernized assessment collection amount.
Modified by:
G.S. 108A-146.7
§ 108A-146.7. Managed care component.
Modified by:
G.S. 108A-146.9
§ 108A-146.9. Fee-for-service component.
Modified by:
G.S. 108A-146.10
§ 108A-146.10. Modernized HASP component.
Modified by:
G.S. 108A-146.11
§ 108A-146.11. Graduate medical education component.
Modified by:
G.S. 108A-146.12
§ 108A-146.12. Postpartum coverage component.
Modified by:
G.S. 108A-146.12A
§ 108A-146.12A. Home and community-based services component.
G.S. 108A-146.13
§ 108A-146.13. Modernized presumptive IGT adjustment component.
Modified by:
G.S. 108A-146.14
§ 108A-146.14. Modernized IGT actual receipts adjustment component.
Modified by:
G.S. 108A-146.15
§ 108A-146.15. Use of funds.
Modified by:
G.S. 108A-146.17
§ 108A-146.17. Changes of hospital status.
G.S. 108A-147
§ 108A-147: Reserved for future codification purposes.
G.S. 108A-147.1
§ 108A-147.1. Public hospital health advancement assessment.
Modified by:
G.S. 108A-147.2
§ 108A-147.2. Private hospital health advancement assessment.
Modified by:
G.S. 108A-147.3
§ 108A-147.3. Aggregate health advancement assessment collection amount.
Modified by:
G.S. 108A-147.4
§ 108A-147.4. (Reserved)
G.S. 108A-147.5
§ 108A-147.5. Presumptive service cost component.
Modified by:
G.S. 108A-147.6
§ 108A-147.6. HASP health advancement component.
Modified by:
G.S. 108A-147.7
§ 108A-147.7. Administration component.
Modified by:
G.S. 108A-147.8
§ 108A-147.8. State retention component.
Modified by:
G.S. 108A-147.9
§ 108A-147.9. Health advancement presumptive IGT adjustment component.
Modified by:
G.S. 108A-147.10
§ 108A-147.10. Health advancement IGT actual receipts adjustment component.
Modified by:
G.S. 108A-147.11
§ 108A-147.11. Health advancement reconciliation adjustment component.
Modified by:
G.S. 108A-147.12
§ 108A-147.12. Gross premiums tax offset amount.
Modified by:
G.S. 108A-147.13
§ 108A-147.13. Use of funds.
Modified by:
G.S. 108A-148
§ 108A-148: Reserved for future codification purposes.
G.S. 108A-148.1
§ 108A-148.1. Healthcare access and stabilization program.
Modified by:
G.S. 108A-149
§ 108A-149: Reserved for future codification purposes.
Article 8 - Miscellaneous.
G.S. 108A-150
§ 108A-150. Criminal history record checks required for child care institutions.
Modified by: